Scourge of fly-by-night architects

ALTHOUGH several years have passed, the forlorn expression of a senior citizen in his 70s remains vivid in the memory of Azizul Azwar, a certified architect who has handled many cases of homeowners being deceived by unscrupulous contractors and ‘fly-by-night’ architects.

The septuagenarian came to his firm seeking help after suffering a loss of about RM2 million due to trusting a fly-by-night architect, or an uncertified architect, who was entrusted to build his dream bungalow, which to this day has not materialized.

Adding to the distress, Azizul, who has 17 years of experience in the field, said the man, a jeweler from a state on the east coast, fell prey to his own adopted son.

The son, whom the elderly man had been raised since childhood, was appointed as the contractor for the project in 2018, which was initially supposed to cost only RM1.5 million, without any formal agreement.

However, not many people realize that the issue of abandoned housing projects is not only due to profiteering from unscrupulous contractors; fly-by-night architects also exploit individuals lacking knowledge of the home building process and procedures.

“Due to familial ties, he (the victim) managed the payments directly with the contractor.

“Initially, the contractor requested a certain amount, but then repeatedly asked for more, eventually totaling RM2 million, while the project’s progress remained far below expectations.

“When things went wrong, they tried to find the fly-by-night architect to question the lack of project oversight, but by then the architect had disappeared,” Azizul, the owner of an architecture firm in Melaka, told Bernama in a recent interview.

According to him, the elderly man’s case is just a tip of the iceberg.

“I have encountered many victims seeking expert witness services to prepare appropriate reports for court proceedings. These experiences have prompted me to launch awareness campaigns about the issue.”

Impact of hiring fly-by-night architects

Currently, many people are being deceived by contractors offering all-in-one packages, such as home construction on their own land, claiming to provide services ‘from A to Z’, including hiring architects and interior designers.

Additionally, some clients mistakenly hire fly-by-night architects for their home projects.

“Many people assume that an architect’s role is limited to providing building plans and that his involvement is not crucial for construction or renovation projects.

“They believe that the architect’s job is done once the plans are prepared. As a result, they directly hire contractors, assuming that the contractor will handle everything.

“In the end, the contractor didn’t even appoint an architect or submit plans, meaning they were carrying out an illegal project without approval from the local authorities (PBTs).

“Alternatively, to save money, they appointed a fly-by-night architect, as the cost was lower.

“Although these fly-by-night architects could provide plans and construction drawings, they could not act as the ‘Principal Submitting Persons’ (PSPs) or submit plans to the PBT, making the project illegal,” he said.

“Only those registered with the Board of Architects Malaysia (LAM), the Board of Engineers Malaysia (BEM), or the Board of Quantity Surveyors Malaysia (BQSM) can act as PSPs. In the architecture profession, only those with the title ‘Ar’ can serve as PSPs.”

Azizul said when fly-by-night architects got hired, the building or housing plans could not be submitted to the PBT because only professional architects registered with LAM could do so.

“This includes issuing the Certificate of Completion and Compliance (CCC), as stipulated in the Architects Act 1967 and the Uniform Building By-Laws 1986.”

Azizul said unscrupulous contractors would often demand payments from clients even when the project was not progressing or the construction work did not match the plans. This occurred because their work was not monitored by professional architects or consultants.

He said projects handled by unscrupulous contractors or fly-by-night architects would expose the clients to various risks, including substandard designs, safety issues like compromised structural integrity, legal liabilities, potential abandonment, as well as financial losses.

Most homeowners, I have observed, would only consult professional architects after encountering problems, such as contractors fleeing or unregistered interior designers and fly-by-night architects failing to meet their responsibilities, particularly in obtaining building plan approvals.

“Official approvals from agencies are crucial in ensuring that the buildings comply with the laws, regulations and guidelines, so that clients would not face issues later.

“In short, professional architects are essential in protecting clients from fraud, and this protection includes legal protection,” he said.

Key role of architects

Architects play a crucial role in ensuring that construction projects run smoothly. Their responsibilities go far beyond wearing white safety helmets, boots, and ‘holding A1-sized design plans’ at construction sites.

They act as PSPs, responsible for overseeing and monitoring the entire construction process, which includes submitting plans to the PBT for approval and reporting the PBT when construction begins.

More importantly, PSPs supervise on-site works to ensure compliance with all the relevant regulations and laws, guarantee the building’s safety, and advise clients on payments to contractors.

However, not all architecture graduates working at architecture firms can become PSPs. Only professional architects who are registered with LAM can serve as PSPs.

Furthermore, only professional architects who are registered with LAM, the BEM, or the BQSM can act as PSPs. In the architecture profession, those bearing the title ‘Ar’ ensure the legitimacy and compliance of construction projects.

Rise of ‘fly-by-night’ architects

The question arises: where do these ‘fly-by-night’ architects come from?

According to Azizul, the majority of them are ‘insiders’ in the industry, acting as ‘wolves in sheep’s clothing’ by leveraging basic knowledge and experience gained while working in the field.

“These fly-by-night architects can be found in various places, depending on where people seek construction or renovation services. You can find them at the PBTs, on social media, and even on platforms offering interior design services,” he said, adding that they could also be architects working in firms who lacked the ‘Ar’ title, architecture graduates, or those who had They worked in the construction industry and were familiar with the PBT approval processes.

“Some contractors with architectural backgrounds might start their own companies and hire these fly-by-night architects to create drawings and sign plans without submitting them to the PBT, knowing that the procedures are not followed correctly.”

Azizul said the collusion between fly-by-night architects and unscrupulous contractors exacerbated the problem.

“Some of these fly-by-night architects are becoming bolder, claiming to be architects, using construction companies’ names, forging signatures on submission plans, telling clients that they have submitted plans, faking PBT approval letters, and installing construction signboards,” I have pointed out.

He also said even some officers in the PBT’s Building Department acted as fly-by-night architects to make extra money by offering to prepare and approve plans for first-time applicants.

Victims from various backgrounds

Azizul added that his clients came from diverse backgrounds, including civil servants who had secured loans through the Public Sector Home Financing Board (LPPSA), retired government employees wanting to build homes, and semi-professionals working in the private sector.

“I have met clients, including a couple in their 30s, who were in tears, regretting their mistakes of not gaining enough knowledge before hiring contractors and architects.

“They ended up spending all their money on the contractor, paying up to RM340,000, with the project progress not even reaching 20 per cent,” he said.

Most victims would realize that they had been deceived only when their funds ran low, and the construction remained unfinished.

“They paid without consulting an architect about the appropriate amount. If someone had controlled the payments, they would not have been scammed.

“This highlights the importance of professional architects who also serve as project supervisors, not just plan designers,” he said.

Azizul pointed out that these fly-by-night architects had become more prevalent because many victims chose not to report the fraud out of embarrassment and acknowledgment of their own mistakes.

Such reluctance would only encourage the fly-by-night architects, especially when they colluded with unscrupulous contractors, he added.

When asked how many victims had successfully recovered their money after being scammed, Azizul replied: “Almost none.”

He added: “It is challenging to take them to court because the victims often feel too ashamed to file a report, knowing their own mistakes.

“The contracts provided by the contractors are usually unfair to the homeowners, and the court will examine these agreements.”

Furthermore, some victims were unwilling to pursue legal action given the high costs of hiring lawyers and the significant time and effort required, especially when they were already financially strapped,” Azizul said. — Bernama